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The consequences of those who engage or are accused of domestic violence or family violence in the context of a divorce and child custody battle in the family court are not only putting their family at risk, but also their relationship with their children at risk. Parents who have engaged or have been accused of domestic violence or family violence within the last 5 years may have very limited rights to child custody and visitation to their child, which may include limited or no visitation rights and limited or no legal custody. Additionally, a perpetrator of domestic violence or person accused of domestic violence may have a restraining order placed against them and/or may be ordered to complete a 52- week anger management class.
In many states there are laws requiring that Family Courts make a presumption that giving custody to a perpetrator of domestic violence is detrimental to the child, which enables the courts to refuse custody to a person who has been accused or convicted of domestic violence. For example, see Domestic Violence and California Family Code Section 3044. Although the no tolerance laws on domestic violence may have been well-intended, it has created a method by which a vindictive parent seeking custody of their children can gain the upper hand in the family court by making false domestic violence allegations against the other parent. However, if both parents are perpetrators of domestic violence the statute typically does not apply.
If you or someone you know has been charged with domestic violence, it is very important to contact an experienced domestic violence attorney, domestic violence lawyer, criminal defense lawyer, or family lawyer who handles domestic violence or family violence matters for legal representation so you know your rights. The penalties for a domestic violence or family violence conviction can be serious and life-changing and a domestic violence attorney, domestic violence lawyer, criminal defense lawyer, or family lawyer who handles domestic violence or family violence cases can help explain some of the defenses that may be available to you. Even in cases where a person has been arrested for domestic violence or family violence, he/she may not have actually committed a crime. Contacting a domestic violence attorney, domestic violence lawyer, criminal defense lawyer, or family lawyer who handles domestic violence cases as soon as possible is one of the first steps to take to properly defend you in a domestic violence or family violence case.
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